Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64428 of 2025 Arising Out of PS. Case No.-37 Year-2024 Thana- DURAULI District- Siwan ====================================================== Rajesh Yadav S/o Satyadev Yadav R/o Village- Sultanpur @ (Sultanpur Dahabari), P.S.- Andar, Dist- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Darauli P.S. case No. 37 of 2024 instituted for the offence under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the accused persons on the point of pistol snatched motorcycle of the complainant/informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired on the basis of his self confession made before the police in connection with Andar P.S. case No. 248 of 2023. The

Patna High Court CR. MISC. No.64428 of 2025(2) dt.15-09-2025 2/2 motorcycle has been recovered near the house of the petitioner which is an open place accessible to one and all. In this case case, earlier a complaint case bearing Complaint Case No. 46 of 2024 was filed which was later converted into a police case. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner is in custody since 22.07.2025 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Darauli P.S. case No. 37 of 2024. (Rudra Prakash Mishra, J) Pankaj/- U T